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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The process of constitution making in Tanzania
Author:Nassoro, HamidISNI
Year:1995
Periodical:The African Review: A Journal of African Politics, Development and International Affairs (ISSN 0856-0056)
Volume:22
Issue:1-2
Pages:5-15
Language:English
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:popular participation
constitutional amendments
law
constitutions
political science
Abstract:Since independence Tanzania's constitution has changed a number of times. Up to the mid 1980s the pressure for constitutional change was largely internal and came from the executive, who wished to strengthen its position of power. Since the late 1970s, the influence of external factors, notably multilateral financial institutions and donor countries, on the form and content of constitutional changes has become more noticeable. Despite the fact that the constitution, as a fundamental law, is supposed to be an expression of the will of the people, throughout the constitution-making history of Tanzania the people have been sidelined. Since the 1962 Republican Constitution there has always been a provision in the constitution which has made it possible to sidestep the people whenever constitutional changes were contemplated and implemented. The immediate consequence of lack of popular participation in the creation of the constitution is the constitution's lack of political legitimacy. The Nyalali Commission recommended, amongst others, that a new draft constitution be subjected to a referendum. The government's refusal was to be expected. Yet the example of Seychelles and Uganda indicates that it is possible to enact a constitution with full popular participation. Notes, ref.
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